PESHAWAR: The Peshawar High Court (PHC) has expressed concern over the lack of interest by the National Accountability Bureau (NAB) to prosecute the frivolous complainants aiming to defame a person.
“Under the National Accountability Ordinance, NAB has been mandated to ensure that frivolous complaints or those aiming to defame a person lead to a penal consequence against the author of the said complaint,” a division bench headed by Chief Justice Yahya Afridi observed.
Section 18 (h) of NAB Ordinance states, “If a complaint is inquired into and investigated by the NAB and it is concluded that the complaint received was prima facie frivolous or has filed with intent to malign any person, the chairman NAB or deputy chairman or officer duly authorized by the chairman may refer the matter to the court and if complainant is found guilty he shall be punishable with imprisonment for a term which may extend to one year (or fine) or with both.”
The bench pointed out that NAB had been asked to provide the record of those cases, which after complaint verification, were formally closed and led to prosecution of the complainant, but the NAB response was very disheartening.It was noted that in the last decade only one such prosecution on a frivolous complaint had been initiated by the NAB.
The bench gave the findings in its detailed judgment released on September 26 in a writ petition filed by the Peshawar Development Authority (PDA)’s director general Mohammad Saleem Hassan Wattoo in which he challenged the reopening of certain inquiries against him that had earlier been closed by NAB after verification.
“Surely, the intent of the legislature in providing for penal consequences for frivolous or vilifying complaints was to put the public on guard to ensure that only those complaints having substance are lodged with NAB,” the bench ruled.
The bench further ruled that NAB on closure of all complaints against a person has to proceed against the complainants under the NAB lawafter recording in writing whether the same are frivolous or intended to defame any person.
However, as per the NAB verification report on the complaints against the current PDA director general (DG), they were closed after through verification, but the current NAB DG wanted to re-open again the closed complaints even after thorough verification of the relevant record of the projects awarded to FWO and NLC.
The NAB report about closed inquiries stated that the relevant record was requisitioned from concerned departments. It stated that during the period of current PDA DG, contracts were awarded to FWO and NLC including Renovation of PDA Building and PDA DG office, Installation of Street Lights on GT/Jamrud Road, Construction of Service Road and Ring Road, Widening of University Road, and Beautification of Peshawar and Regi Model Town project.
The NAB report revealed that these contracts have been awarded as single source, which is allowed as per the provisions of KPPPRA Rules. Regarding renovation of DG House, the relevant record revealed that the said house was renovated after getting approval from Department Development Working Party. It said that the contract was awarded to the lowest bidder and work was completed as per the record provided by the PDA.
Regarding the allegation that the contract of Digital Hoarding board has been awarded to the firm without competition, the NAB said the relevant record reveals that tender was advertised in the newspapers after which 3 firms participated in the competition and the lowest bidder namely M/S Shahid Waseem CEO (GSC) Government contractor, Peshawar was awarded the contract by the procurement committee.
Regarding allegation that the PDA DG illegally gave permission for mining from Regi Model Town Khwar, the NAB said the record provided by the concerned department revealed that the contract of excavation from the said area was given by the Directorate of Mines and Minerals without any consent to PDA and in this case the PDA raised the issue regarding land compensation from the concerned department.
About the payment made to a blacklisted firm, Midas International, the record provided by the PDA revealed that the MIDAS (Pvt) Ltd and Midas international are different firms. The NAB stated in the report that MIDAS (Pvt) Ltd is blacklisted instead of Midas International and as per record payment has been made to Midas International.
Regarding allegations of procurement of vehicles for Safe City Project without tendering, the NAB stated that the KPPPRA Rules allow this type of procurement as explained in Rule 10 (c) (vii), which allows alternative methods for procurement where motor vehicles or machinery is purchased from local original manufacturers or their authorized agents.
Regarding allegations of misappropriation in PDA Toll Plaza, the NAB stated that the record provided by the department showed that PDA advertized the auctioning of the said Toll Plaza repeatedly, but contact could not be awarded to any contractor and it itself had to manage the Toll Plaza. It said that the record made available revealed that during the year 2013-14 toll was Rs74.675 million that increased to Rs 80.855 million during 2014-15. It pointed out that the collection of toll was Rs68.62 million during the year 2015-16. It added that according to officials, decrease in collection was due to strikes and closure of Pak-Afghan border. It revealed that during three months from July-September in the year 2016-17 the collection was Rs14.35 million.
“Keeping in view the available record, facts and circumstances, the allegations levied in the complaints have, prime facie, no grounds and hence no further action (NFA) is recommended,” the NAB recommended after verification of the complaints.
